Senate Bill sb2036er

    ENROLLED

    2003 Legislature                                CS for SB 2036



  1                                 

  2         An act relating to the Uniform Commercial Code;

  3         amending s. 672.316, F.S.; revising provisions

  4         relating to implied warranties of

  5         merchantability and fitness in the procurement,

  6         processing, storage, distribution, or use of

  7         blood, plasma, blood products, and blood

  8         derivatives; providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Subsection (5) of section 672.316, Florida

13  Statutes, is amended to read:

14         672.316  Exclusion or modification of warranties.--

15         (5)  The procurement, processing, storage,

16  distribution, or use of whole blood, plasma, blood products,

17  and blood derivatives for the purpose of injecting or

18  transfusing the same, or any of them, into the human body for

19  any purpose whatsoever is declared to be the rendering of a

20  service by any person participating therein and does not

21  constitute a sale, whether or not any consideration is given

22  therefor; and the implied warranties of merchantability and

23  fitness for a particular purpose are not applicable as to a

24  defect that cannot be detected or removed by a reasonable use

25  of scientific procedures or techniques.

26         Section 2.  This act shall take effect upon becoming a

27  law.

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CODING: Words stricken are deletions; words underlined are additions.